Opinion
2002-08663.
December 22, 2003.
In a proceeding pursuant to Mental Hygiene Law article 81 to appoint a guardian for the property of Rudolph T., a/k/a Rudolph T., Jr., an alleged incapacitated person, the appeal is from an amended order and judgment (one paper) of the Supreme Court, Orange County (DeRosa, J.), dated July 24, 2002, which, after a hearing, inter alia, granted the petition and appointed a guardian for the property of Rudolph T., a/k/a Rudolph T., Jr.
Joseph Edward Brady, P.C., Howard Beach, N.Y., for appellant.
Eliot Spitzer, Attorney-General, Albany, N.Y. (Nancy A. Spiegel and Victor Paladino of counsel), for respondent New York State Office of Mental Retardation and Developmental Disabilities.
Before: WILLIAM F. MASTRO and REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the amended order and judgment is affirmed, without costs or disbursements.
The petitioner established by clear and convincing evidence that Rudolph T., a/k/a Rudolph T., Jr., the person alleged to be incapacitated, is likely to suffer harm because he is unable to provide for the management of his property and cannot adequately understand and appreciate the nature and consequences of such inability. Accordingly, the Supreme Court properly appointed a guardian of the property ( see Mental Hygiene Law § 81.02 [b]; Matter of James M., 275 A.D.2d 324; Matter of Mary S., 234 A.D.2d 300; Matter of Harriet R., 224 A.D.2d 625; cf. Matter of Maher, 207 A.D.2d 133, 139-140).
The appellant's remaining contentions are without merit.
KRAUSMAN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.